Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, how far may private defence of the body…
Section 38(e) permits private defence of the body against an assault intended to kidnap or abduct to extend to causing the assailant’s death. Under section 37, the defender…
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Subject to section 37 of the Bharatiya Nyaya Sanhita, 2023, how far may private defence of the body extend against an assault intended to kidnap or abduct a person?
Answer and explanation
Correct answer C
Section 38(e) permits private defence of the body against an assault intended to kidnap or abduct to extend to causing the assailant’s death. Under section 37, the defender may inflict only the harm necessary for defence.
Option feedback
Option A
Section 38(e) permits more than minor harm if the statutory conditions justify it.
Option B
Section 38(e) expressly permits lethal defensive force when necessary and lawful.
Option C
The right may reach lethal force under section 38(e), subject to section 37's restrictions.
Option D
Section 38(e) does not limit defensive measures to restraint that causes no injury.
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